August 15, 2012

REPUBLIC ACT NO. 10173

AN ACT PROTECTING INDIVIDUAL PERSONAL INFORMATION IN

INFORMATION AND COMMUNICATIONS SYSTEMS IN THE GOVERNMENT
AND THE PRIVATE SECTOR, CREATING FOR THIS PURPOSE A NATIONAL
PRIVACY COMMISSION, AND FOR OTHER PURPOSES

CHAPTER I
General Provisions
SECTION 1.
Act of 2012".

Short Title. This Act shall be known as the "Data Privacy

SECTION 2.
Declaration of Policy. It is the policy of the State to
protect the fundamental human right of privacy of communication while ensuring free
flow of information to promote innovation and growth. The State recognizes the vital
role of information and communications technology in nation-building and its
inherent obligation to ensure that personal information in information and
communications systems in the government and in the private sector are secured and
protected.
TSCIEa

SECTION 3.
Definition of Terms. Whenever used in this Act, the
following terms shall have the respective meanings hereafter set forth:

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(a)

Commission shall refer to the National Privacy Commission

created by virtue of this Act.

(b)

Consent of the data subject refers to any freely given, specific,

informed indication of will, whereby the data subject agrees to the
collection and processing of personal information about and/or
relating to him or her. Consent shall be evidenced by written,
electronic or recorded means. It may also be given on behalf of the

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data subject by an agent specifically authorized by the data subject

to do so.
(c)

Data subject refers to an individual whose personal information is

processed.

(d)

Direct marketing refers to communication by whatever means of

any advertising or marketing material which is directed to
particular individuals.

(e)

Filing system refers to any set of information relating to natural or

juridical persons to the extent that, although the information is not
processed by equipment operating automatically in response to
instructions given for that purpose, the set is structured, either by
reference to individuals or by reference to criteria relating to
individuals, in such a way that specific information relating to a
particular person is readily accessible.

(f)

Information and Communications System refers to a system for

generating, sending, receiving, storing or otherwise processing
electronic data messages or electronic documents and includes the
computer system or other similar device by or which data is
recorded, transmitted or stored and any procedure related to the
recording, transmission or storage of electronic data, electronic
message, or electronic document.

(g)

Personal information refers to any information whether recorded

in a material form or not, from which the identity of an individual
is apparent or can be reasonably and directly ascertained by the
entity holding the information, or when put together with other
information would directly and certainly identify an individual.

(h)

Personal information controller refers to a person or organization

who controls the collection, holding, processing or use of personal
information, including a person or organization who instructs
another person or organization to collect, hold, process, use,
transfer or disclose personal information on his or her behalf. The
term excludes:
aSIHcT

(1)
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A person or organization who performs such functions as

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instructed by another person or organization; and

(2)

(i)

Personal information processor refers to any natural or juridical

person qualified to act as such under this Act to whom a personal
information controller may outsource the processing of personal
data pertaining to a data subject.

(j)

Processing refers to any operation or any set of operations

performed upon personal information including, but not limited to,
the collection, recording, organization, storage, updating or
modification, retrieval, consultation, use, consolidation, blocking,
erasure or destruction of data.

(k)

Privileged information refers to any and all forms of data which

under the Rules of Court and other pertinent laws constitute
privileged communication.

(l)

Sensitive personal information refers to personal information:

(1)

About an individual's race, ethnic origin, marital status, age,

color, and religious, philosophical or political affiliations;

(2)

About an individual's health, education, genetic or sexual

life of a person, or to any proceeding for any offense
committed or alleged to have been committed by such
person, the disposal of such proceedings, or the sentence of
any court in such proceedings;

(3)

Issued by government agencies peculiar to an individual

which includes, but not limited to, social security numbers,
previous or current health records, licenses or its denials,
suspension or revocation, and tax returns; and

(4)

Specifically established by an executive order or an act of

Congress to be kept classified.

SECTION 4.
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An individual who collects, holds, processes or uses

personal information in connection with the individual's
personal, family or household affairs.

Scope. This Act applies to the processing of all types of

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personal information and to any natural and juridical person involved in personal
information processing including those personal information controllers and
processors who, although not found or established in the Philippines, use equipment
that are located in the Philippines, or those who maintain an office, branch or agency
in the Philippines subject to the immediately succeeding paragraph: Provided, That
the requirements of Section 5 are complied with.
This Act does not apply to the following:
(a)

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Information about any individual who is or was an officer or

employee of a government institution that relates to the position or
functions of the individual, including:
(1)

The fact that the individual is or was an officer or employee

of the government institution;

(2)

The title, business address and office telephone number of

the individual;

(3)

The classification, salary range and responsibilities of the

position held by the individual; and

(4)

The name of the individual on a document prepared by the

individual in the course of employment with the
government.

(b)

Information about an individual who is or was performing service

under contract for a government institution that relates to the
services performed, including the terms of the contract, and the
name of the individual given in the course of the performance of
those services;

(c)

Information relating to any discretionary benefit of a financial

nature such as the granting of a license or permit given by the
government to an individual, including the name of the individual
and the exact nature of the benefit;

(d)

Personal information processed for journalistic, artistic, literary or

research purposes;

(e)

Information necessary in order to carry out the functions of public

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authority which includes the processing of personal data for the

performance by the independent central monetary authority and
law enforcement and regulatory agencies of their constitutionally
and statutorily mandated functions. Nothing in this Act shall be
construed as to have amended or repealed Republic Act No. 1405,
otherwise known as the Secrecy of Bank Deposits Act; Republic
Act. No 6426, otherwise known as the Foreign Currency Deposit
Act; and Republic Act No. 9510, otherwise known as the Credit
Information System Act (CISA);
(f)

Information necessary for banks and other financial institutions

under the jurisdiction of the independent central monetary
authority or Bangko Sentral ng Pilipinas to comply with Republic
Act No. 9510, and Republic Act No. 9160, as amended, otherwise
known as the Anti-Money Laundering Act and other applicable
laws; and

(g)

Personal information originally collected from residents of foreign

jurisdictions in accordance with the laws of those foreign
jurisdictions, including any applicable data privacy laws, which is
being processed in the Philippines.
cACEHI

SECTION 5.
Protection Afforded to Journalists and Their Sources.
Nothing in this Act shall be construed as to have amended or repealed the provisions
of Republic Act No. 53, which affords the publishers, editors or duly accredited
reporters of any newspaper, magazine or periodical of general circulation protection
from being compelled to reveal the source of any news report or information
appearing in said publication which was related in any confidence to such publisher,
editor, or reporter.
SECTION 6.
Extraterritorial Application. This Act applies to an act
done or practice engaged in and outside of the Philippines by an entity if:

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(a)

The act, practice or processing relates to personal information

about a Philippine citizen or a resident;

(b)

The entity has a link with the Philippines, and the entity is
processing personal information in the Philippines or even if the
processing is outside the Philippines as long as it is about
Philippine citizens or residents such as, but not limited to, the

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following:

(c)

(1)

A contract is entered in the Philippines;

(2)

A juridical entity unincorporated in the Philippines but has

central management and control in the country; and

(3)

An entity that has a branch, agency, office or subsidiary in

the Philippines and the parent or affiliate of the Philippine
entity has access to personal information; and

The entity has other links in the Philippines such as, but not limited
to:
(1)

The entity carries on business in the Philippines; and

(2)

The personal information was collected or held by an entity

in the Philippines.
CHAPTER II
The National Privacy Commission

SECTION 7.
Functions of the National Privacy Commission. To
administer and implement the provisions of this Act, and to monitor and ensure
compliance of the country with international standards set for data protection, there is
hereby created an independent body to be known as the National Privacy
Commission, which shall have the following functions:

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(a)

Ensure compliance of personal information controllers with the

provisions of this Act;

(b)

Receive complaints, institute investigations, facilitate or enable

settlement of complaints through the use of alternative dispute
resolution processes, adjudicate, award indemnity on matters
affecting any personal information, prepare reports on disposition
of complaints and resolution of any investigation it initiates, and,
in cases it deems appropriate, publicize any such report: Provided,
That in resolving any complaint or investigation (except where
amicable settlement is reached by the parties), the Commission
shall act as a collegial body. For this purpose, the Commission

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may be given access to personal information that is subject of any

complaint and to collect the information necessary to perform its
functions under this Act;

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(c)

Issue cease and desist orders, impose a temporary or permanent

ban on the processing of personal information, upon finding that
the processing will be detrimental to national security and public
interest;

(d)

Compel or petition any entity, government agency or

instrumentality to abide by its orders or take action on a matter
affecting data privacy;

(e)

Monitor the compliance of other government agencies or

instrumentalities on their security and technical measures and
recommend the necessary action in order to meet minimum
standards for protection of personal information pursuant to this
Act;

(f)

Coordinate with other government agencies and the private sector

on efforts to formulate and implement plans and policies to
strengthen the protection of personal information in the country;

(g)

Publish on a regular basis a guide to all laws relating to data

protection;

(h)

Publish a compilation of agency system of records and notices,

including index and other finding aids;

(i)

Recommend to the Department of Justice (DOJ) the prosecution

and imposition of penalties specified in Sections 25 to 29 of this
Act;

(j)

Review, approve, reject or require modification of privacy codes

voluntarily adhered to by personal information controllers:
Provided, That the privacy codes shall adhere to the underlying
data privacy principles embodied in this Act: Provided, further,
That such privacy codes may include private dispute resolution
mechanisms for complaints against any participating personal
information controller. For this purpose, the Commission shall
consult with relevant regulatory agencies in the formulation and

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administration of privacy codes applying the standards set out in

this Act, with respect to the persons, entities, business activities
and business sectors that said regulatory bodies are authorized to
principally regulate pursuant to the law: Provided, finally, That the
Commission may review such privacy codes and require changes
thereto for purposes of complying with this Act;
(k)

Provide assistance on matters relating to privacy or data protection

at the request of a national or local agency, a private entity or any
person;

(l)

Comment on the implication on data privacy of proposed national

or local statutes, regulations or procedures, issue advisory opinions
and interpret the provisions of this Act and other data privacy
laws;

(m)

Propose legislation, amendments or modifications to Philippine

laws on privacy or data protection as may be necessary;

(n)

Ensure proper and effective coordination with data privacy

regulators in other countries and private accountability agents,
participate in international and regional initiatives for data privacy
protection;

(o)

Negotiate and contract with other data privacy authorities of other

countries for cross-border application and implementation of
respective privacy laws;

(p)

Assist Philippine companies doing business abroad to respond to

foreign privacy or data protection laws and regulations; and

(q)

Generally perform such acts as may be necessary to facilitate

cross-border enforcement of data privacy protection.

SECTION 8.
Confidentiality. The Commission shall ensure at all
times the confidentiality of any personal information that comes to its knowledge and
possession.
HEcSDa

SECTION 9.
Organizational Structure of the Commission. The
Commission shall be attached to the Department of Information and Communications
Technology (DICT)
and shall be headed by a Privacy Commissioner, who shall
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also act as Chairman of the Commission. The Privacy Commissioner shall be assisted
by two (2) Deputy Privacy Commissioners, one to be responsible for Data Processing
Systems and one to be responsible for Policies and Planning. The Privacy
Commissioner and the two (2) Deputy Privacy Commissioners shall be appointed by
the President of the Philippines for a term of three (3) years, and may be reappointed
for another term of three (3) years. Vacancies in the Commission shall be filled in the
same manner in which the original appointment was made.
The Privacy Commissioner must be at least thirty-five (35) years of age and of
good moral character, unquestionable integrity and known probity, and a recognized
expert in the field of information technology and data privacy. The Privacy
Commissioner shall enjoy the benefits, privileges and emoluments equivalent to the
rank of Secretary.
The Deputy Privacy Commissioners must be recognized experts in the field of
information and communications technology and data privacy. They shall enjoy the
benefits, privileges and emoluments equivalent to the rank of Undersecretary.
The Privacy Commissioner, the Deputy Commissioners, or any person acting
on their behalf or under their direction, shall not be civilly liable for acts done in good
faith in the performance of their duties. However, he or she shall be liable for willful
or negligent acts done by him or her which are contrary to law, morals, public policy
and good customs even if he or she acted under orders or instructions of superiors:
Provided, That in case a lawsuit is filed against such official on the subject of the
performance of his or her duties, where such performance is lawful, he or she shall be
reimbursed by the Commission for reasonable costs of litigation.
SECTION 10.
The Secretariat. The Commission is hereby authorized
to establish a Secretariat. Majority of the members of the Secretariat must have served
for at least five (5) years in any agency of the government that is involved in the
processing of personal information including, but not limited to, the following offices:
Social Security System (SSS), Government Service Insurance System (GSIS), Land
Transportation Office (LTO), Bureau of Internal Revenue (BIR), Philippine Health
Insurance Corporation (PhilHealth), Commission on Elections (COMELEC),
Department of Foreign Affairs (DFA), Department of Justice (DOJ), and Philippine
Postal Corporation (Philpost).
CHAPTER III
Processing of Personal Information
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SECTION 11.
General Data Privacy Principles. The processing of
personal information shall be allowed, subject to compliance with the requirements of
this Act and other laws allowing disclosure of information to the public and
adherence to the principles of transparency, legitimate purpose and proportionality.
Personal information must be:
(a)

Collected for specified and legitimate purposes determined and

declared before, or as soon as reasonably practicable after
collection, and later processed in a way compatible with such
declared, specified and legitimate purposes only;

(b)

Processed fairly and lawfully;

(c)

Accurate, relevant and, where necessary for purposes for which it

is to be used the processing of personal information, kept up to
date; inaccurate or incomplete data must be rectified,
supplemented, destroyed or their further processing restricted;

(d)

Adequate and not excessive in relation to the purposes for which

they are collected and processed;

(e)

Retained only for as long as necessary for the fulfillment of the

purposes for which the data was obtained or for the establishment,
exercise or defense of legal claims, or for legitimate business
purposes, or as provided by law; and

(f)

Kept in a form which permits identification of data subjects for no

longer than is necessary for the purposes for which the data were
collected and processed: Provided, That personal information
collected for other purposes may be processed for historical,
statistical or scientific purposes, and in cases laid down in law may
be stored for longer periods: Provided, further, That adequate
safeguards are guaranteed by said laws authorizing their
processing.

The personal information controller must ensure implementation of personal

information processing principles set out herein.
SECTION 12.
Criteria for Lawful Processing of Personal Information.
The processing of personal information shall be permitted only if not otherwise
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prohibited by law, and when at least one of the following conditions exists:
(a)

The data subject has given his or her consent;

(b)

The processing of personal information is necessary and is related

to the fulfillment of a contract with the data subject or in order to
take steps at the request of the data subject prior to entering into a
contract;

(c)

The processing is necessary for compliance with a legal obligation

to which the personal information controller is subject;

(d)

The processing is necessary to protect vitally important interests of

the data subject, including life and health;

(e)

The processing is necessary in order to respond to national

emergency, to comply with the requirements of public order and
safety, or to fulfill functions of public authority which necessarily
includes the processing of personal data for the fulfillment of its
mandate; or

(f)

The processing is necessary for the purposes of the legitimate

interests pursued by the personal information controller or by a
third party or parties to whom the data is disclosed, except where
such interests are overridden by fundamental rights and freedoms
of the data subject which require protection under the Philippine
Constitution.
TECIaH

SECTION 13.
Sensitive Personal Information and Privileged Information.
The processing of sensitive personal information and privileged information shall
be prohibited, except in the following cases:

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(a)

The data subject has given his or her consent, specific to the
purpose prior to the processing, or in the case of privileged
information, all parties to the exchange have given their consent
prior to processing;

(b)

The processing of the same is provided for by existing laws and

regulations: Provided, That such regulatory enactments guarantee
the protection of the sensitive personal information and the
privileged information: Provided, further, That the consent of the

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data subjects are not required by law or regulation permitting the

processing of the sensitive personal information or the privileged
information;
(c)

The processing is necessary to protect the life and health of the

data subject or another person, and the data subject is not legally or
physically able to express his or her consent prior to the
processing;

(d)

The processing is necessary to achieve the lawful and

noncommercial objectives of public organizations and their
associations: Provided, That such processing is only confined and
related to the bona fide members of these organizations or their
associations: Provided, further, That the sensitive personal
information are not transferred to third parties: Provided, finally,
That consent of the data subject was obtained prior to processing;

(e)

The processing is necessary for purposes of medical treatment, is

carried out by a medical practitioner or a medical treatment
institution, and an adequate level of protection of personal
information is ensured; or

(f)

The processing concerns such personal information as is necessary

for the protection of lawful rights and interests of natural or legal
persons in court proceedings, or the establishment, exercise or
defense of legal claims, or when provided to government or public
authority.

SECTION 14.
Subcontract of Personal Information. A personal
information controller may subcontract the processing of personal information:
Provided, That the personal information controller shall be responsible for ensuring
that proper safeguards are in place to ensure the confidentiality of the personal
information processed, prevent its use for unauthorized purposes, and generally,
comply with the requirements of this Act and other laws for processing of personal
information. The personal information processor shall comply with all the
requirements of this Act and other applicable laws.
SECTION 15.
Extension of Privileged Communication. Personal
information controllers may invoke the principle of privileged communication over
privileged information that they lawfully control or process. Subject to existing laws
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and regulations, any evidence gathered on privileged information is inadmissible.

CHAPTER IV
Rights of the Data Subject
SECTION 16.

Rights of the Data Subject. The data subject is entitled

to:
(a)

Be informed whether personal information pertaining to him or her

shall be, are being or have been processed;

(b)

Be furnished the information indicated hereunder before the entry

of his or her personal information into the processing system of the
personal information controller, or at the next practical
opportunity:
(1)

Description of the personal information to be entered into

the system;

(2)

Purposes for which they are being or are to be processed;

(3)

Scope and method of the personal information processing;

(4)

The recipients or classes of recipients to whom they are or

may be disclosed;

(5)

Methods utilized for automated access, if the same is

allowed by the data subject, and the extent to which such
access is authorized;

(6)

The identity and contact details of the personal information

controller or its representative;

(7)

The period for which the information will be stored; and

(8)

The existence of their rights, i.e., to access, correction, as

well as the right to lodge a complaint before the
Commission.
cCTaSH

Any information supplied or declaration made to the data subject

on these matters shall not be amended without prior notification of
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data subject: Provided, That the notification under subsection (b)

shall not apply should the personal information be needed pursuant
to a subpoena or when the collection and processing are for
obvious purposes, including when it is necessary for the
performance of or in relation to a contract or service or when
necessary or desirable in the context of an employer-employee
relationship, between the collector and the data subject, or when
the information is being collected and processed as a result of legal
obligation;
(c)

(d)

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Reasonable access to, upon demand, the following:

(1)

Contents of his or her personal information that were

processed;

(2)

Sources from which personal information were obtained;

(3)

Names and addresses of recipients of the personal

information;

(4)

Manner by which such data were processed;

(5)

Reasons for the disclosure of the personal information to

recipients;

(6)

Information on automated processes where the data will or

likely to be made as the sole basis for any decision
significantly affecting or will affect the data subject;

(7)

Date when his or her personal information concerning the

data subject were last accessed and modified; and

(8)

The designation, or name or identity and address of the

personal information controller.

Dispute the inaccuracy or error in the personal information and

have the personal information controller correct it immediately and
accordingly, unless the request is vexatious or otherwise
unreasonable. If the personal information have been corrected, the
personal information controller shall ensure the accessibility of
both the new and the retracted information and the simultaneous

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receipt of the new and the retracted information by recipients

thereof: Provided, That the third parties who have previously
received such processed personal information shall be informed of
its inaccuracy and its rectification upon reasonable request of the
data subject;
(e)

Suspend, withdraw or order the blocking, removal or destruction

of his or her personal information from the personal information
controller's filing system upon discovery and substantial proof that
the personal information are incomplete, outdated, false,
unlawfully obtained, used for unauthorized purposes or are no
longer necessary for the purposes for which they were collected. In
this case, the personal information controller may notify third
parties who have previously received such processed personal
information; and

(f)

Be indemnified for any damages sustained due to such inaccurate,

incomplete, outdated, false, unlawfully obtained or unauthorized
use of personal information.

SECTION 17.
Transmissibility of Rights of the Data Subject. The
lawful heirs and assigns of the data subject may invoke the rights of the data subject
for, which he or she is an heir or assignee at any time after the death of the data
subject or when the data subject is incapacitated or incapable of exercising the rights
as enumerated in the immediately preceding section.
SECTION 18.
Right to Data Portability. The data subject shall have the
right, where personal information is processed by electronic means and in a structured
and commonly used format, to obtain from the personal information controller a copy
of data undergoing processing in an electronic or structured format, which is
commonly used and allows for further use by the data subject. The Commission may
specify the electronic format referred to above, as well as the technical standards,
modalities and procedures for their transfer.
SECTION 19.
Non-Applicability. The immediately preceding sections
are not applicable if the processed personal information are used only for the needs of
scientific and statistical research and, on the basis of such, no activities are carried out
and no decisions are taken regarding the data subject: Provided, That the personal
information shall be held under strict confidentiality and shall be used only for the
declared purpose. Likewise, the immediately preceding sections are not applicable to
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processing of personal information gathered for the purpose of investigations in

relation to any criminal, administrative or tax liabilities of a data subject.
CHAPTER V
Security of Personal Information
SECTION 20.
Security of Personal Information. (a) The personal
information controller must implement reasonable and appropriate organizational,
physical and technical measures intended for the protection of personal information
against any accidental or unlawful destruction, alteration and disclosure, as well as
against any other unlawful processing.
(b) The personal information controller shall implement reasonable and
appropriate measures to protect personal information against natural dangers such as
accidental loss or destruction, and human dangers such as unlawful access, fraudulent
misuse, unlawful destruction, alteration and contamination.
SADECI

(c) The determination of the appropriate level of security under this section
must take into account the nature of the personal information to be protected, the risks
represented by the processing, the size of the organization and complexity of its
operations, current data privacy best practices and the cost of security
implementation. Subject to guidelines as the Commission may issue from time to
time, the measures implemented must include:

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(1)

Safeguards to protect its computer network against accidental,

unlawful or unauthorized usage or interference with or hindering
of their functioning or availability;

(2)

A security policy with respect to the processing of personal

information;

(3)

A process for identifying and accessing reasonably foreseeable

vulnerabilities in its computer networks, and for taking preventive,
corrective and mitigating action against security incidents that can
lead to a security breach; and

(4)

Regular monitoring for security breaches and a process for taking

preventive, corrective and mitigating action against security
incidents that can lead to a security breach.

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(d) The personal information controller must further ensure that third parties
processing personal information on its behalf shall implement the security measures
required by this provision.
(e) The employees, agents or representatives of a personal information
controller who are involved in the processing of personal information shall operate
and hold personal information under strict confidentiality if the personal information
are not intended for public disclosure. This obligation shall continue even after
leaving the public service, transfer to another position or upon termination of
employment or contractual relations.
(f) The personal information controller shall promptly notify the
Commission and affected data subjects when sensitive personal information or other
information that may, under the circumstances, be used to enable identity fraud are
reasonably believed to have been acquired by an unauthorized person, and the
personal information controller or the Commission believes that such unauthorized
acquisition is likely to give rise to a real risk of serious harm to any affected data
subject. The notification shall at least describe the nature of the breach, the sensitive
personal information possibly involved, and the measures taken by the entity to
address the breach. Notification may be delayed only to the extent necessary to
determine the scope of the breach, to prevent further disclosures, or to restore
reasonable integrity to the information and communications system.
(1)

In evaluating if notification is unwarranted, the Commission may

take into account compliance by the personal information
controller with this section and existence of good faith in the
acquisition of personal information.

(2)

The Commission may exempt a personal information controller

from notification where, in its reasonable judgment, such
notification would not be in the public interest or in the interests of
the affected data subjects.

(3)

The Commission may authorize postponement of notification

where it may hinder the progress of a criminal investigation related
to a serious breach.
CHAPTER VI
Accountability for Transfer of Personal Information

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SECTION 21.
Principle of Accountability. Each personal information
controller is responsible for personal information under its control or custody,
including information that have been transferred to a third party for processing,
whether domestically or internationally, subject to cross-border arrangement and
cooperation.
(a)

The personal information controller is accountable for complying

with the requirements of this Act and shall use contractual or other
reasonable means to provide a comparable level of protection
while the information are being processed by a third party.

(b)

The personal information controller shall designate an individual

or individuals who are accountable for the organization's
compliance with this Act. The identity of the individual(s) so
designated shall be made known to any data subject upon request.
CHAPTER VII
Security of Sensitive Personal Information in Government

SECTION 22.
Responsibility of Heads of Agencies. All sensitive
personal information maintained by the government, its agencies and instrumentalities
shall be secured, as far as practicable, with the use of the most appropriate standard
recognized by the information and communications technology industry, and as
recommended by the Commission. The head of each government agency or
instrumentality shall be responsible for complying with the security requirements
mentioned herein while the Commission shall monitor the compliance and may
recommend the necessary action in order to satisfy the minimum standards.
SECTION 23.
Requirements Relating to Access by Agency Personnel to
Sensitive Personal Information. (a) On-site and Online Access Except as may
be allowed through guidelines to be issued by the Commission, no employee of the
government shall have access to sensitive personal information on government
property or through online facilities unless the employee has received a security
clearance from the head of the source agency.
(b) Off-site Access Unless otherwise provided in guidelines to be issued
by the Commission, sensitive personal information maintained by an agency may not
be transported or accessed from a location off government property unless a request
for such transportation or access is submitted and approved by the head of the agency
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in accordance with the following guidelines:

(1)

Deadline for Approval or Disapproval In the case of any request

submitted to the head of an agency, such head of the agency shall
approve or disapprove the request within two (2) business days
after the date of submission of the request. In case there is no
action by the head of the agency, then such request is considered
disapproved;

(2)

Limitation to One thousand (1,000) Records If a request is

approved, the head of the agency shall limit the access to not more
than one thousand (1,000) records at a time; and

(3)

Encryption Any technology used to store, transport or access

sensitive personal information for purposes of off-site access
approved under this subsection shall be secured by the use of the
most secure encryption standard recognized by the Commission.

The requirements of this subsection shall be implemented not later than six (6)
months after the date of the enactment of this Act.
SECTION 24.
Applicability to Government Contractors. In entering
into any contract that may involve accessing or requiring sensitive personal
information from one thousand (1,000) or more individuals, an agency shall require a
contractor and its employees to register their personal information processing system
with the Commission in accordance with this Act and to comply with the other
provisions of this Act including the immediately preceding section, in the same
manner as agencies and government employees comply with such requirements.
CHAPTER VIII
Penalties
SECTION 25.
Unauthorized Processing of Personal Information and
Sensitive Personal Information. (a) The unauthorized processing of personal
information shall be penalized by imprisonment ranging from one (1) year to three (3)
years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but
not more than Two million pesos (Php2,000,000.00) shall be imposed on persons who
process personal information without the consent of the data subject, or without being
authorized under this Act or any existing law.
AaITCH

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(b) The unauthorized processing of personal sensitive information shall be

penalized by imprisonment ranging from three (3) years to six (6) years and a fine of
not less than Five hundred thousand pesos (Php500,000.00) but not more than Four
million pesos (Php4,000,000.00) shall be imposed on persons who process personal
information without the consent of the data subject, or without being authorized under
this Act or any existing law.
SECTION 26.
Accessing Personal Information and Sensitive Personal
Information Due to Negligence. (a) Accessing personal information due to
negligence shall be penalized by imprisonment ranging from one (1) year to three (3)
years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but
not more than Two million pesos (Php2,000,000.00) shall be imposed on persons
who, due to negligence, provided access to personal information without being
authorized under this Act or any existing law.
(b) Accessing sensitive personal information due to negligence shall be
penalized by imprisonment ranging from three (3) years to six (6) years and a fine of
not less than Five hundred thousand pesos (Php500,000.00) but not more than Four
million pesos (Php4,000,000.00) shall be imposed on persons who, due to negligence,
provided access to personal information without being authorized under this Act or
any existing law.
SECTION 27.
Improper Disposal of Personal Information and Sensitive
Personal Information. (a) The improper disposal of personal information shall be
penalized by imprisonment ranging from six (6) months to two (2) years and a fine of
not less than One hundred thousand pesos (Php100,000.00) but not more than Five
hundred thousand pesos (Php500,000.00) shall be imposed on persons who
knowingly or negligently dispose, discard or abandon the personal information of an
individual in an area accessible to the public or has otherwise placed the personal
information of an individual in its container for trash collection.
(b) The improper disposal of sensitive personal information shall be
penalized by imprisonment ranging from one (1) year to three (3) years and a fine of
not less than One hundred thousand pesos (Php100,000.00) but not more than One
million pesos (Php1,000,000.00) shall be imposed on persons who knowingly or
negligently dispose, discard or abandon the personal information of an individual in
an area accessible to the public or has otherwise placed the personal information of an
individual in its container for trash collection.
SECTION 28.
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Information for Unauthorized Purposes. The processing of personal information

for unauthorized purposes shall be penalized by imprisonment ranging from one (1)
year and six (6) months to five (5) years and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than One million pesos
(Php1,000,000.00) shall be imposed on persons processing personal information for
purposes not authorized by the data subject, or otherwise authorized under this Act or
under existing laws.
The processing of sensitive personal information for unauthorized purposes
shall be penalized by imprisonment ranging from two (2) years to seven (7) years and
a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more
than Two million pesos (Php2,000,000.00) shall be imposed on persons processing
sensitive personal information for purposes not authorized by the data subject, or
otherwise authorized under this Act or under existing laws.
SECTION 29.
Unauthorized Access or Intentional Breach. The penalty
of imprisonment ranging from one (1) year to three (3) years and a fine of not less
than Five hundred thousand pesos (Php500,000.00) but not more than Two million
pesos (Php2,000,000.00) shall be imposed on persons who knowingly and
unlawfully, or violating data confidentiality and security data systems, breaks in any
way into any system where personal and sensitive personal information is stored.
SECTION 30.
Concealment of Security Breaches Involving Sensitive
Personal Information. The penalty of imprisonment of one (1) year and six (6)
months to five (5) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than One million pesos (Php1,000,000.00) shall be
imposed on persons who, after having knowledge of a security breach and of the
obligation to notify the Commission pursuant to Section 20 (f), intentionally or by
omission conceals the fact of such security breach.
SECTION 31.
Malicious Disclosure. Any personal information
controller or personal information processor or any of its officials, employees or
agents, who, with malice or in bad faith, discloses unwarranted or false information
relative to any personal information or personal sensitive information obtained by him
or her, shall be subject to imprisonment ranging from one (1) year and six (6) months
to five (5) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than One million pesos (Php1,000,000.00).
SECTION 32.
Unauthorized Disclosure. (a) Any personal information
controller or personal information processor or any of its officials, employees or
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agents, who discloses to a third party personal information not covered by the
immediately preceding section without the consent of the data subject, shall be
subject to imprisonment ranging from one (1) year to three (3) years and a fine of not
less than Five hundred thousand pesos (Php500,000.00) but not more than One
million pesos (Php1,000,000.00).
(b) Any personal information controller or personal information processor or
any of its officials, employees or agents, who discloses to a third party sensitive
personal information not covered by the immediately preceding section without the
consent of the data subject, shall be subject to imprisonment ranging from three (3)
years to five (5) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00).
SECTION 33.
Combination or Series of Acts. Any combination or
series of acts as defined in Sections 25 to 32 shall make the person subject to
imprisonment ranging from three (3) years to six (6) years and a fine of not less than
One million pesos (Php1,000,000.00) but not more than Five million pesos
(Php5,000,000.00).
SCaTAc

SECTION 34.
Extent of Liability. If the offender is a corporation,
partnership or any juridical person, the penalty shall be imposed upon the responsible
officers, as the case may be, who participated in, or by their gross negligence, allowed
the commission of the crime. If the offender is a juridical person, the court may
suspend or revoke any of its rights under this Act. If the offender is an alien, he or she
shall, in addition to the penalties herein prescribed, be deported without further
proceedings after serving the penalties prescribed. If the offender is a public official
or employee and he or she is found guilty of acts penalized under Sections 27 and 28
of this Act, he or she shall, in addition to the penalties prescribed herein, suffer
perpetual or temporary absolute disqualification from office, as the case may be.
SECTION 35.
Large-Scale. The maximum penalty in the scale of
penalties respectively provided for the preceding offenses shall be imposed when the
personal information of at least one hundred (100) persons is harmed, affected or
involved as the result of the abovementioned actions.
SECTION 36.
Offense Committed by Public Officer. When the offender
or the person responsible for the offense is a public officer as defined in the
Administrative Code of the Philippines in the exercise of his or her duties, an
accessory penalty consisting in the disqualification to occupy public office for a term
double the term of criminal penalty imposed shall be applied.
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SECTION 37.
Restitution. Restitution for any aggrieved party shall be
governed by the provisions of the New Civil Code.
CHAPTER IX
Miscellaneous Provisions
SECTION 38.
Interpretation. Any doubt in the interpretation of any
provision of this Act shall be liberally interpreted in a manner mindful of the rights
and interests of the individual about whom personal information is processed.
SECTION 39.
Implementing Rules and Regulations (IRR). Within
ninety (90) days from the effectivity of this Act, the Commission shall promulgate the
rules and regulations to effectively implement the provisions of this Act.
SECTION 40.
Reports and Information. The Commission shall
annually report to the President and Congress on its activities in carrying out the
provisions of this Act. The Commission shall undertake whatever efforts it may
determine to be necessary or appropriate to inform and educate the public of data
privacy, data protection and fair information rights and responsibilities.
SECTION 41.
Appropriations Clause. The Commission shall be
provided with an initial appropriation of Twenty million pesos (Php20,000,000.00) to
be drawn from the national government. Appropriations for the succeeding years shall
be included in the General Appropriations Act. It shall likewise receive Ten million
pesos (Php10,000,000.00) per year for five (5) years upon implementation of this Act
drawn from the national government.
SECTION 42.
Transitory Provision. Existing industries, businesses and
offices affected by the implementation of this Act shall be given one (1) year
transitory period from the effectivity of the IRR or such other period as may be
determined by the Commission, to comply with the requirements of this Act.
In case that the DICT has not yet been created by the time the law takes full
force and effect, the National Privacy Commission shall be attached to the Office of
the President.
SECTION 43.
Separability Clause. If any provision or part hereof is
held invalid or unconstitutional, the remainder of the law or the provision not
otherwise affected shall remain valid and subsisting.
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SECTION 44.
Repealing Clause. The provision of Section 7 of
Republic Act No. 9372, otherwise known as the "Human Security Act of 2007", is
hereby amended. Except as otherwise expressly provided in this Act, all other laws,
decrees, executive orders, proclamations and administrative regulations or parts
thereof inconsistent herewith are hereby repealed or modified accordingly.
SECTION 45.
Effectivity Clause. This Act shall take effect fifteen (15)
days after its publication in at least two (2) national newspapers of general circulation.
Approved: August 15, 2012.
Published in The Philippine Star on August 24, 2012.

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